World Trade Organization

Import Licensing Procedures

Waste

Document symbol
G/LIC/N/3/MNE/8/Rev.1
Original language
English
Published on
19/11/2024

Outline of Systems

Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.

Licenses for the transboundary movement of waste (import, export and transit) are issued in accordance with the Law on waste management ("Official Gazette of Montenegro", No. 034/24), Decision on amending Control list for export and import of goods and Basel Convention on the Control of Transboundary movements of hazardous waste and their disposal (OG FRY-International agreements, No. 2/99). The import of hazardous waste is forbidden. The import of non-hazardous waste to remove and use as fuel or other means to generate energy is forbidden as well. 

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

Import licenses are required for:
- Transboundary movement of waste (import, export and transit of waste).

Q3. The system applies to goods originating in and coming from which countries?

The system applies to goods originating and coming from all countries.

Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?

The issue of licenses is not intended to limit the quantities or value of imports, but exclusively with the purpose of adequate monitoring of the imported waste. For waste management the licensing intends to control the quantity of imports because it is related to the protection of the environment and fulfilling the obligation in accordance with the international agreement: Basel Convention. No alternative methods were considered.

Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?

The licensing is maintained in accordance with:

-           The Law on waste management ("Official Gazette of Montenegro", No. 034/24);

-        The Law on Confirmation of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal ("OG FRY"-International agreements, No. 2/99);

-        The Rulebook on the content of documentation submitted in support of the application for the permit for import, export and transit of waste, as well as lists of waste classification and the content and manner of keeping a register of issued licenses ("Official Gazette of Montenegro" No. 83/16, 76/16);

-        Decision on amending Control list for export and import of goods ("Official Gazette of Montenegro" No. 55/23).

The legislation does not leave designation of products to be subjected to licensing to administrative discretion.

It is possible for the government (or the executive branch) to abolish the system without legislative approval.

Procedures

Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):

N/A

Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

N/A

Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?

N/A

Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)

N/A

Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

N/A

Q6.V. What are the minimum and maximum lengths of time for processing applications?

N/A

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

N/A

Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

N/A

Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

N/A

Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

N/A

Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

N/A

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

N/A

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?

There is no fixed time-limit for submitting an application before importation. In accordance with the Law on Administrative Procedure length of time for processing application is 30 days from the day of receipt of the official request. License could be obtained in a shorter period than 30 days if all required documents are submitted.

Q7.b. Can a licence be granted immediately on request?

There is no such possibility.

Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.

There are no such limitations.

Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

EPA is a Single administrative body in charge of consideration of licence applications.

Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?

In addition to non-fulfilling of the criteria prescribed by relevant legislation, application could be rejected in the case when applicant submits application for the goods that are not allowed for import. Reasons for rejection of any form are given by EPA to the applicant in a separate administrative act. Decision may be appealed to the Ministry of Tourism, Ecology, Sustainable and Northern Region Development in accordance with the Law on Administrative Procedure.

Eligibility of Importers to Apply for Licence

Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?

All legal persons or entrepreneurs registered in the Central Registry of the Commercial Court are eligible to apply for licenses. Regarding permits for chemical, besides above, a legal person must meet the requirements in terms of personnel, facilities and equipment.

All persons and companies that fulfil the conditions envisaged by the Law are eligible to apply for licenses.

  • There is no registration fee.
  • There is no published list of authorized operators.

Documentational and Other Requirements for Application for Licence

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

The application for permit for import of non-hazardous waste, only for the purpose of its processing, must contain the following:

  • Documentation of signs and types of waste from the list of non-hazardous waste;
  • An agreement between importers and exporters of waste with validity period until the completion of delivery of waste and with financial guarantees or insurance policy or other form of insurance in the case of return in the country of export;
  • An agreement between importers and processors of waste, in case that the importer is not the waste processor;
  • Proof that the importer of waste is registered for import activities;
  • Information on methods for transport and shipment of waste (at once or in several shipments);
  • Information on the border crossing point on which imports will be made, the time of arrival of waste on border crossing point, route of waste movement from the border customs office to processors; and,
  • Proof of the administrative fee payment.

Q11. What documents are required upon actual importation?

Importer must present valid license issued by EPA along with standard customs documentation.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

There are administrative fees as follows:

- Administrative fee in the amount of 2€ for non-hazardous waste.

Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.

There is no deposit or advance payment associated with the issue of licenses.

Conditions of Licensing

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

The license is valid for the period specified in the license, but not longer than one year.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is no penalty for non-utilization of a license or a portion of a license.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

The licenses are not transferable between importers.

Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?

There are no other conditions attached to the issue of a license.

Other Procedural Requirements

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

There are no other administrative procedures, apart from import licensing required prior to importation.

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

Foreign exchange is automatically provided by the banking authorities for goods to be imported.